As Modified on Court's Own Motion and Motion for Rehearing or to Transfer to Court en Banc Denied November 9, 1959.
EAGER, Judge.
Upon an indictment for first-degree murder defendant was convicted by a jury of second-degree murder and the minimum punishment of ten years in the penitentiary was assessed. The jury gratuitously recommended clemency. This appeal followed in due course. The only error asserted here is the failure of the trial court to give an instruction...
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